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Hi. I am a ukrainian citizen but currently in the states on a visitor visa. My fiance is an american citizen and we are trying to figure out the way to get married and apply for a K3 visa inside the USA. We don't want to apply for a fiance visa( since it's not necessary and I am already here). Do I have to go back to Ukraine to do so or we can get married and file i-130 form from here? And what is the actual purpose of K1- just to bring your significant other in the country? If so there is no need in K1 if you are already in the us?Thank you!
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Last edited by YDT; 10-19-2011, 06:53 PM. -
K1 is a fiance visa application. First the petitioner files a 129f for the fiance and then when approved it is sent to the beneficiaries country US embassy and then you wait for interview and approval of a k1 visa to enter the USA and marry within 90 days.Originally posted by YDT View Post
How long is your visa valid for? Did you come to USA with intent to marry your fiance? If you did then that is immigration fraud as a visitors visa is a non immigrant visa and you cannot come to the USA and intend to stay on that visa.
You legal way to do this is to marry and then your USC files a CR1 spousal visa application for you. You would then have to go back to your country and wait for interview but all this can be done while you are here in the USA. On approval of visa you return to USA with GC status and can work straight away.
If you plan to marry now and file 130 and I-485 AOS it will be risky as you have to prove your married life together and at interview would have to convince Co that you did not plan to marry on your tourist visa. Read the guides. -
Thanks for your reply))) We do want to do everything as legal as possible. But my conscience is clear. When it comes to an interview we have tons of evidens to prove the genuiness of our relationship. We met a year and a half ago when I was in the states as a J visa holder. Then I moved to Canada to go to school ( we dated long distance- 200 miles away
for about half a year)Then I was on my summer break and decided to spend it with my bf in the us. But by the time the break was over we got engaged.Sounds complicated but we don't really worry that the immigration officer will think it's a fraud. Back to my question. I've heard about many cases when non-residents got married and applied for a K3 visa without even leaving the us. My visa expires soon so we are going to get married asap and start filing paperwork. Would our first filed form be I-129 or we can skip it and move on to I-130?Thanks!
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Ok if you have known each other that long and can prove your relationship then get married and file 130 along with I-485 permanent residency. They don't do K3 any more has become obsolete so it is CR1 but you would have to leave and go back and have interview in your country. If you want to adjust status now and stay then you need to get married file 130 along with 485 and so on . You need to read the guides here and on USCIS site.Originally posted by YDT View PostThanks for your reply))) We do want to do everything as legal as possible. But my conscience is clear. When it comes to an interview we have tons of evidens to prove the genuiness of our relationship. We met a year and a half ago when I was in the states as a J visa holder. Then I moved to Canada to go to school ( we dated long distance- 200 miles away for about half a year)Then I was on my summer break and decided to spend it with my bf in the us. But by the time the break was over we got engaged.Sounds complicated but we don't really worry that the immigration officer will think it's a fraud. Back to my question. I've heard about many cases when non-residents got married and applied for a K3 visa without even leaving the us. My visa expires soon so we are going to get married asap and start filing paperwork. Would our first filed form be I-129 or we can skip it and move on to I-130?Thanks!Comment
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Least risky way.Originally posted by YDT View PostThanks for your reply))) We do want to do everything as legal as possible. But my conscience is clear. When it comes to an interview we have tons of evidens to prove the genuiness of our relationship. We met a year and a half ago when I was in the states as a J visa holder. Then I moved to Canada to go to school ( we dated long distance- 200 miles away for about half a year)Then I was on my summer break and decided to spend it with my bf in the us. But by the time the break was over we got engaged.Sounds complicated but we don't really worry that the immigration officer will think it's a fraud. Back to my question. I've heard about many cases when non-residents got married and applied for a K3 visa without even leaving the us. My visa expires soon so we are going to get married asap and start filing paperwork. Would our first filed form be I-129 or we can skip it and move on to I-130?Thanks!- Marry
- File i-130 petition for a foreign spouse
- Foreign spouse leaves US before an overstay occurs.
- After petition is approved the foreign spouse applies for a CR1 visa at the US Embassy in her country. Involves gathering documents, having a medicll exam, and an interview at the embassy.
- She enters the US with her visa as a permanent resident and gets a greencard.
More risky- Marry
- File i-130 petition for a foreign spouse along with Adjustment of Status (I-485) application, which includes a medical exam and immunizations. Everything goes in together.
- Overstay your visitor visa while you wait on approval of the petition and greencard (the risky part)
- Hope that they approve and don't accuse you of trying to immigrate on a visitor visa, which is fraud. (more risk) If you come to the US as a visitor but really planned to stay and immigrate, then the fraud is in obtaining a visitor visa when your intention was immigration. But if you suddenly decided after you were here to marry and stay, then it wasn't fraud on the visitor visa.
Last edited by nichole; 10-22-2011, 08:11 PM.Comment
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